Office Of Governor- Important Notes For Polity!

Table Of Content

Constitutional Provisions related to Governor

• The appointment and powers of government can be derived from Part VI of the Indian constitution. Article 153 says that there shall be a Governor for each State. One person can be appointed as Governor for two or more States.
• The governor acts in 'Dual Capacity' as the Constitutional head of the state and as the representative.
• He is part of the federal system of Indian polity and acts as a bridge between union and state governments.
• Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor. They are as follows:
• A governor must:
  1. Be a citizen of India.
  2. Be at least 35 years of age.
  3. Not be a member of either house of the parliament or the house of the state legislature.
  4. Not hold any office of profit.
• The term of the governor's office is normally 5 years but it can be terminated earlier by:
  1. Dismissal by the president on the advice of the council of ministers headed by the prime minister of the country.
  2. Dismissal of governors without a valid reason is not permitted. However, it is the duty of the President to dismiss a governor whose acts are upheld by courts as unconstitutional and malafide.
  3. Resignation by the governor.

Historical Background

• The Governors under the Government of India Act 1935 were “by the Raj, of the Raj and for the Raj”. The constituent assembly wanted elected governors as proposed by a sub-committee of B.G. Kher, K.N. Katju and P. Subbarayan.
• The apprehension of the clash between the powers of the Governor and Chief minister led to the system of appointed Governor in the state.
• The draft constitution of 1948 was ambivalent – the drafting committee leaving it to the constituent assembly to decide whether governors should be elected or nominated.

Concerns Related to The Office of Governor
 

1. • Appointment of Governor: Article 155 says that governor should be appointed (not elected) from amongst persons of high status with eminence in public. The elected government at the state is not even consulted while making appointment of the Governors. Further successive governments have reduced this important constitutional office to a sinecure and resting place for loyal and retired / about to retired / about to retire politicians apart from docile bureaucrats.
   • Appointment and dismissal of the Chief Minister: Governor appoints Chief Minister, other ministers, Advocate General, Chairmen and members of the State Public Service Commission in the state. After elections in the state, there is a convention to invite the largest party to form government in the state. This convention has been flouted many times at the whim of the governor. E.g.: the recent episode of Karnataka after 2018 hung assembly elections.
   • Reservation of Bills for Consideration of President: As per Article 200 of the Constitution, the governor can reserve certain types of bills passed by the State Legislature for the President’s consideration. The President can either give assent to it or ask the governor to send it back for the state legislature to reconsider it, along with his comments. The chief intent of this provision is for the centre to keep a tab on the legislation in the interest of the nation. However, the central government, through the office of the governor, has used this provision to serve partisan interests.
   • Misuse of Article 356: Article 356 is the most controversial article of the Constitution. It provides for State emergency or President’s rule in State if the President, on receipt of report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution. The duration of such an emergency is six months and it can be extended further. In the Constituent Assembly, Ambedkar had made it clear that Article 356 would be applied as a last resort. He also hoped that” such articles will never be called into operation and that they would remain a dead letter.”
   • Removal of the Governor: Article 156 says that the governor will hold office during the pleasure of the President for five years. President works on aid and advice of the Council of Ministers under Article 74. In effect, it is the central government that appoints and removes the Governors. The governor has no security of tenure and no fixed term of office. E.g.: The mass changing of the governors of state whenever a new government comes to power at the Centre.

1.  List of Presidents of India from 1950 to 2022
2. IAS Officer Salary 

Major recommendations to improve the Governor’s office in the federal polity of India:

1. • On Appointment of CM during hung assembly: Recent Karnataka case, 2018: SC observed that Governor’s discretion cannot be arbitrary or fanciful.
   • SR Bommai vs. Union of India, 1994: The case was about the limits to the Governor’s powers in dismissing a state government under Article 356 of the Constitution. The floor of the Assembly is the only forum that should test the majority of the government of the day, and not the subjective opinion of the Governor.
   • Rameshwar Prasad Case, 2006: Supreme Court was called upon to pronounce its verdict on the validity of the proclamation of President’s Rule and the dissolution of the Assembly in Bihar in 2005. The SC held that the Governor could not decide based on his subjective assessments.
   • On removal of governor: BP Singhal vs Union of India: The Supreme Court ruled that even though the President could dismiss a Governor without having to provide reasons for doing so, this power could not be exercised in an “arbitrary, capricious or unreasonable manner”
   • Sarkaria Commission Report (1988): Important recommendations- Governor should be a detached figure without intense political links or should not have taken part in politics in recent past, Governors must not be removed before completion of their five-year tenure, except in rare and compelling circumstances
   • Venkatachaliah Commission (2002): Important recommendations: Governor’s appointment should be entrusted to a committee comprising the prime minister, the home minister, the speaker of the Lok Sabha and the chief minister of the concerned state, if governor to be removed before completion of term, the central government should do so only after consultation with the Chief Minister.
   • Punchhi Commission (2010): The phrase “during the pleasure of the President” should be deleted from the Constitution; Governor should be removed only by a resolution of the state legislature.

• IAS Eligibility Criteria 2022: Check Age Limit, educational qualification and number of attempts here.
• UPSC IAS Cut Off 2022: Check Out The Expected And Previous Year Cut Off!
• IAS Exam Pattern 2022: Check section-wise paper pattern and marking scheme

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